Appearance of bias

Case 5: The facts

Mr Hamilton, a branch secretary of the GMB general union, was disciplined by the union for acting contrary to its policy. It alleged that he had directly or indirectly referred members to a private solicitor to pursue equal pay claims instead of participating in a collective campaign, which may have resulted in less compensation for individuals but was expected to preserve jobs and conditions for others.

A lay member of the tribunal that heard Hamilton's claim was a senior UNISON officer, and he argued that she should have stood down as she would be biased towards the GMB.

The ruling

The Employment Appeal Tribunal held that the lay member had no direct interest in the outcome of Hamilton's case and so did not need to stand down on the basis of actual bias. However, it found that she should have stood down on the basis that there was an appearance of bias, because of her involvement in similar issues and her knowledge of some of the people involved.

Hamilton v GMB (Northern Region) EAT/0184/06